Intent To Prepare an Environmental Impact Statement (EIS)

Federal RegisterOct 28, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-020-05-7122-00-5499-24-1A]

Intent To Prepare an Environmental Impact Statement (EIS)

AGENCIES: Bureau of Land Management, Phoenix District, United States

Department of the Interior, and Forest Service, Tonto National Forest,

United States Department of Agriculture.

ACTION: Notice of Intent to Prepare an EIS; Cyprus Miami Mining

Corporation, Claypool, AZ; Proposed Leach Facilities Expansion Project.

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SUMMARY: The Bureau of Land Management (BLM), Phoenix District Office,

and the U.S. Forest Service (USFS), Tonto National Forest, are

preparing a joint Environmental Impact Statement (EIS) for proposed

expansion of mine facilities of Cyprus Miami Mining Corporation (CMMC).

The mine is located near the Towns of Globe and Miami, in Gila County,

Arizona. CMMC has submitted a proposed Operating Plan (to be processed

by BLM as a Mining Plan of Operations (MPO) and by USFS as a Plan of

Operations (POO). The plan proposes to expand the facilities at the

existing mine and has been filed with the BLM and the USFS, as required

under the Code of Federal Regulations (CFR) and Title V of the Federal

Land Policy and Management Act (FLPMA) of 1976. The BLM and USFS have

responsibility for analysis, review, and approval of the mining plan.

Preparation of the EIS will follow the National Environmental Policy

Act (NEPA) and Code of Federal Regulations, title 40, subpart 1500.

The new MPO/POO proposes construction of three new leach facility

areas referred to as: (1) The Oxhide leach facility, (2) the BL leach

facility, and (3) the GMC leach facility, together with the required

ancillary facilities. The leach facility areas will be used for the

purpose of placement and subsequent leaching of copper-bearing ore

mined from reserves located entirely on lands owned by CMMC. The leach

facilities will be constructed partially on federal lands managed by

the USFS and the BLM, and partially on lands solely owned by CMMC (see

acreages in ``Supplementary Information Section'' below). Ore placed on

the leach pads will be treated with sulfuric acid leach solution.

Copper bearing leach solutions captured from leach pads will be

processed into high quality cathode copper in existing solvent

extraction and electrowinning plants. In addition, an overburden

deposition area (called Barney Overburden Site, or Barney OB) is

planned. The overburden deposition area will be constructed to

accommodate uneconomic material removed from the active mining

operation. With the proposed expansion it is anticipated that the

Oxhide, BL and GMC leach facilities and Barney OB will operate for the

life of the mining operations, which is estimated to be 16 to 20 years.

DATES: The public is invited to participate in the NEPA process

beginning with scoping and the identification of issues in November,

1994. Public Scoping Meetings to identify issues will be held as

follows:

Wednesday, November 16, 1994--7:00-9:00 pm

Miami Arizona High School Cafeteria, Highway 60 & Ragus Road, Claypool,

AZ 85532.

Thursday, November 17, 1994--7:00-9:00 pm

Mesa Community & Conference Center, 201 Center St., Pomeroy Room, Mesa,

AZ 85211.

Written comments relating to the identification of issues should be

received by December 17, 1994.

ADDRESSES/FOR FURTHER INFORMATION CONTACT: Send written comments to one

of the following addresses:

BLM: Mary Johnson, Joint Project Manager, Bureau of Land

Management, Phoenix District Office, 2015 West Deer Valley Road,

Phoenix, Arizona 85027 (Phone: (602)780-8090).

Forest Service: Paul Stewart, Joint Project Manager, Tonto National

Forest, 2324 E. McDowell Rd., Phoenix, AZ 85006 (Phone: (602) 225-

5200).

RESPONSIBLE OFFICIALS: The responsible officials for the agencies are

Mr. Charles R. Bazan, Forest Supervisor, Tonto National Forest, and Mr.

Gordon Cheniae, District Manager, BLM Phoenix District. They may be

reached at the above addresses and phone numbers. A separate record of

decision will be signed by the responsible official from each agency.

SUPPLEMENTARY INFORMATION: CMMC owns and operates a large open-pit mine

and leach operation in the Globe-Miami mining district. The CMMC

complex in Miami also includes a smelter and a rod plant. Approximately

950 people are employed at the Cyprus Miami facility. Additional

surface area is needed for leach pads and associated facilities to

ensure the continued and uninterrupted production of high quality

copper cathodes. The mine is located near the Towns of Globe and Miami,

Arizona about 65 miles east of Phoenix on State Highway 60.

Planned activities would take place on a combination of public and

private surface and mineral lands. The public lands include lands

managed both by the Tonto National Forest and BLM Phoenix District.

Total new disturbance for the Oxhide pad would be 386 acres (with 329

acres managed by USFS and 5 acres managed by BLM). Total new

disturbance for the BL pad would be 470 acres (with 184 acres managed

by BLM and 203 acres managed by USFS). Total new disturbance for the

GMC pad would be 236 acres (114 acres managed by BLM). Total new

disturbance for the Barney OB site would be 216 acres (52 acres managed

by BLM and 32 acres managed by USFS). Two stormwater impoundments would

be created upstream of the BL pad site in Little Pinto Canyon and

Webster Gulch. Total acres of private and public disturbance for all

facilities would be 1,308 acres. Total acres of public land disturbed

by all sites would be 919 acres (564 acres managed by USFS and 355

acres managed by BLM).

Potential issues may include but may not be limited to surface and

groundwater quality, socioeconomics, air quality, cultural resources,

biological resources, visual resources, riparian areas, and mine

reclamation. The following permits or licenses may be required to

implement the proposed action:

Arizona Aquifer Protection Permit (APP) from Arizona Department of

Environmental Quality (ADEQ).

Section 404 of the Clean Water Act permit from the U.S. Army Corps

of Engineers (COE) and Section 401 certification from ADEQ.

Modifications to the National Pollutant Discharge Elimination

System (NPDES) Permit under Section 402 of the Clean Water Act from

ADEQ and the Environmental Protection Agency (EPA).

Dam Safety Permit from Arizona Department of Water Resources.

Well installation permits from Arizona Department of Water

Resources.

Approval of modifications to the Air Quality Permit to Operate from

ADEQ.

Approved modifications to the Stormwater Discharge Permit from EPA.

The Environmental Impact Statement (EIS) will be developed by a

third party contractor who has been approved by the BLM and USFS. The

contractor will use an interdisciplinary team to develop the document.

The BLM and USFS will have the joint responsibility for the content of

the EIS. The comment period for the draft EIS is anticipated to be in

the summer of 1995. The comment period for the final EIS is anticipated

to be the winter of 1995.

At this early stage, it is important to give reviewers notice of

several court rulings related to public participation in the

environmental review process. First, reviewers of draft EIS must

structure their participation in their review of the proposal so that

it is meaningful and alerts an agency to the reviewer's position and

contentions. Vermont Yankee Nuclear Power Corp. v. NRDS, 435 U.S. 519,

553 (1978). Also, environmental objections that could be raised at the

draft EIS stage but that are not raised until after completion of the

final EIS may be waived or dismissed by the courts. City of Angoon v.

Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages,

Inc. v. Harris, 490 F. Supp. 1334 (E.D. Wis. 1980). Because of these

court rulings, it is very important that those interested in this

proposed action participate by the close of the comment period so that

substantive comments and objections are made available to the agencies

at a time when it can meaningfully consider them and respond to them in

the EIS.

To assist the USFS and BLM in identifying and considering issues

and concerns on the proposed action, comments on the proposed project

should be as specific as possible. Comments may address issues and

concerns or the potential alternatives to be considered in the

statement. Reviewers may wish to refer to the Council on Environmental

Quality regulations for implementing the procedural provisions of NEPA

at 40 CFR 1503.3 in addressing these points.

Complete records of all phases of the environmental documentation

process will be available for public review at the BLM, Phoenix

District Office, and at the Tonto National Forest Supervisor's Office

(same as addresses noted above).

Dated: October 24, 1994.

Paul J. Buff,

Acting District Manager.

Dated: October 24, 1994.

Gordon L. Cates,

Acting Forest Supervisor.

[FR Doc. 94-26710 Filed 10-27-94; 8:45 am]

BILLING CODE 4310-32-M

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